By Benjamin Pulta
MANILA – The Sandiganbayan has upheld its earlier ruling clearing Senator Jinggoy Estrada of charges in connection with the alleged misuse of PHP183 million in Priority Development Assistance Fund (PDAF) allocations.
In an eight-page ruling dated Nov. 27, the anti-graft court turned down the motion for reconsideration filed by the prosecution seeking to reinstate Estrada’s conviction on one count of direct bribery and two counts of indirect bribery due to “double jeopardy.”
“Besides, the instant motion seeks to revisit the factual findings of Estrada’s acquittal that would place the latter in double jeopardy,” the court said.
“His acquittal cannot be assailed under the guise of a motion for reconsideration as the first jeopardy has already attached which will be discussed hereunder,” it added.
Under the rule of double jeopardy, when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.
In their motion, the prosecution argued that the Sandiganbayan erred when it reversed the first ruling that found Estrada guilty.
The prosecution also argued that indirect bribery and direct bribery are essentially the same.
“At the outset, the issues raised by the prosecution were already discussed rigorously in the assailed resolution and there is no need to belabor the same. It would be a useless ritual for the Court to reiterate itself,” the Sandiganbayan said.
Estrada, meanwhile, said the anti-graft court’s ruling reaffirms his innocence on the charges against him.
“Patunay lamang ito ng matagal ko nang pinanghahawakan – ang kawalan ng basehan ng mga paratang laban sa akin; hindi ko ginamit ang pondo ng bayan para sa pansariling kapakinabangan o para pagtakpan ang anumang gawain na labag sa batas (It only proved what I’ve been holding on for so long – the lack of basis of the allegations against me; I did not use public funds for my own benefit or to cover up any illegal activities,” Estrada said in a statement.
“This vindication allows me to fully concentrate on the mandate entrusted to me by more than 15 million Filipino voters and move forward with crafting more meaningful legislation.” (With a report from Wilnard Bacelonia/PNA)
